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Criminal Law keyed to Dripps
State v. Komok
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Joseph Komok (Defendant), age sixteen, and his fourteen-year-old sister went to Lamonts, a department store to look at clothing. They had no money with them. While in the men’s department, Defendant handed a baseball cap to his sister who then went to the girls’ clothing area. There, she picked up leggings and then returned to Defendant who was still in the men’s department. A nearby security manager observed the pair “looking around as if to see if there was someone watching them.” Shortly thereafter, Defendant’s sister concealed the cap, leggings, and a t-shirt under her sweatshirt while Defendant watched. Defendant’s sister then proceeded to leave the store without paying for the merchandise, but was stopped just beyond the store’s exit by the security manager. Defendant had remained in the men’s department. The security manager took both Defendant and his sister to the security office and called the police. At a juvenile court fact finding hearing, Defendant and his sister both testified that she had taken the merchandise on her own, even though Defendant told her not to do so. Defendant was convicted for aiding and abetting his sister’s shoplifting. There, the trial judge noted that Defendant “intended to deprive Lamonts of the property.” The court of appeals affirmed the conviction. Defendant appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.